If you have recently lost a loved one due to someone else’s actions, filing a legal claim might be the furthest thing from your mind. However, Texas law limits the amount of time that you have to file this type of legal action and seek justice from the party responsible for your loved one’s demise. By filing a wrongful death claim, you may also be able to recover compensation that you now desperately need due to your loved one’s loss of income that someone else was directly responsible for.
An experienced Boerne personal injury attorney from The Aguirre Law Firm, PLLC can help you pursue justice. Contact our team today to schedule a free consultation.
Who Has the Legal Right to File a Wrongful Death Claim in Texas?
A wrongful death occurs in Texas when someone’s wrongful act, neglect, carelessness, unskillfulness, or default is responsible for someone else’s death. In these situations, certain family members have the legal right to file a wrongful death claim, including:
The surviving spouse
Surviving children, including adult children
Surviving parents
These individuals can file a claim individually, or one person may file the claim on behalf of the family. If they do not file this type of case within three months of the death, the personal representative of the estate can file the legal action instead. This claim must be filed within two years from the date of death.
Who Can Be Held Liable in a Boerne Wrongful Death Lawsuit?
Many wrongful death cases are based on the legal concept of negligence, which requires proving the defendant:
Negligent pilots, conductors, or boat operators responsible for other types of transportation accidents
Trucking companies, truck owners, cargo loading companies, or mechanics responsible for truck accidents
Property owners who permitted unsafe or hazardous conditions on their property
Manufacturers of defective products
Government agencies responsible for unsafe public grounds or the negligent actions of their employees
An experienced Boerne wrongful death attorney can identify all of the parties responsible for your loved one’s death and pursue full and fair compensation from them.
Financial Compensation Awarded in Wrongful Death Claims
Texas courts can award families compensation for their economic and non-economic losses. Economic losses brought on by wrongful death and potentially recoverable in a wrongful death and/or survivor action include:
Final medical bills
Loss of financial support
Loss of household services
Burial expenses
Funeral costs
Non-economic damages in these cases could include:
Loss of companionship
Survivors’ mental anguish
Pain and suffering the decedent suffered between the time of the injury and their death
Contact Our Boerne Wrongful Death Lawyers Today
If your loved one was killed due to the negligence of another, an experienced Boerne wrongful death lawyer can help your family during this challenging time. Call The Aguirre Law Firm, PLLC today for a free consultation to discuss your legal rights and options.
